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 PROPERTY LAW

New property rules 'scare off investors' 2006-02-08 04:00:01
The government's move to regulate foreign ownership of property in South Africa was a move in the wrong direction, Gerard Holden, the head of mining finance for Barclays Capital, said yesterday.
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Strong feelings over EAAB ultimatum 2006-02-08 06:00:01
Members of the board of the Estate Agency Affairs Board (EAAB) have expressed anger and disappointment at a request for their resignation by trade and industry minister Mandisi Mpahlwa.
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Sectional-title course will improve expertise of agents 2005-11-21 10:26:01
Sectional-title mismanagement has been extensively reported in the media in the past few years, and affects millions of South Africans who live in sectional-title properties managed by trustees and/or managing agents.
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Unfair dismissals may come with a hefty price tag 2005-10-17 10:17:01
As a consultant, I am continuously flabbergasted by the elementary nature of the mistakes frequently made by employers when dismissing employees for operational requirements (retrenchment).
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Tenants and selling woes 2005-10-17 10:20:01
It's an oft-asked question by landlord investors planning to sell off investment properties: Do they keep them occupied or not while they're on the market?
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Estate agents' regulator cheers report that sparked resignations 2005-10-10 10:01:01
The Estate Agency Affairs Board, regulator for estate agents' industry, has welcomed the findings of a forensic audit report that led to the resignations of five members of the board earlier this week.
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Property management dynamics have changed 2005-09-19 09:40:01
Sectional title will be South Africa's fastest-growing form of property over the next decade - and a new breed of owner is emerging, said Andrew Schaefer, managing director of national residential property manager, Trafalgar. He said the company was remodelling itself to prepare for this.
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Documentation snags increase deeds office delays 2005-09-05 09:51:01
Home buyers and sellers, already facing lengthy delays in the transfer process owing to over-burdened deeds offices around the country, need to ensure that all sales documentation is correctly completed prior to submission.
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State's unclear stand worries foreign investors 2005-08-22 10:24:01
Estate agencies in touch with prospective overseas buyers are finding that conflicting statements from the authorities in South Africa about foreign- and multiple-home ownership are deterring these buyers from investing in South Africa.
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Taxes trip up transfers 2005-08-10 09:08:01
Unpaid rates, taxes and services could mean an unwanted delay in your property transactions. By now, most buyers and sellers should be aware of the new tax regulations, introduced on May 1, that are aimed at intercepting tax avoiders, and which could hold up your property transaction.
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Electrical compliance - owners are ultimately liable 2005-07-26 10:39:01
Recent media reports claiming that estate agents could face prosecution if they marketed properties that didn't have valid electrical compliance certificates have exposed a grey area in the law that needs to be speedily clarified.
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Rezoning pays off in long term 2005-07-19 10:25:01
With the property market as buoyant as it is, many property owners are contemplating subdivision of their stands to change land-use rights, which can be very lucrative if rezoning permission is granted.
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Buyers, read between the lines first 2005-07-04 10:50:01
Home buyers should never be hurried or intimidated into signing an agreement of sale, or too embarrassed to ask questions on its legal contents - especially with relevance to their own commitments in the transaction, no matter how idiotic the inquiries may seem or the degree of obviousness the answer.
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What to ask before buying 2005-06-20 09:44:01
Interest rates are now at their lowest levels for nearly 30 years - and this has made it possible for many South Africans to buy their own homes for the first time. "Potential buyers should ask themselves these questions before taking the big step," said Saul Geffen, MD of MortgageSA:
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Clearing up confusion about estate agent bodies 2005-06-20 09:45:01
The general public - and many estate agents - are still often confused about the roles of the Institute of Estate Agents (IEA) and the Estate Agency Affairs Board (EAAB), says Vivien Marks, general manager of the Western Cape branch of the institute.
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'Body corporates should be run on business lines' 2005-06-13 09:39:01
The King 2 report on corporate governance focused attention on the way company directors carried out their business, but many trustees in sectional title schemes are unaware they share similar responsibilities says independent management consultant Joe Gatz.
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Court does right stuff for owners 2005-06-13 09:41:01
Property owners and investors can take greater comfort in their rights from the latest Constitutional Court judgment and comments from leading South Africans, says Anton de Leeuw, CEO of independent property educationists YDL.
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'Unethical to use agent and then arrange sale' 2005-06-13 09:43:01
There is a growing tendency among more affluent Cape home sellers to try and go it alone and arrange the sale of their properties themselves in order to avoid paying commission, says Lanice Steward, MD of Anne Porter Properties.
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Clauses of concern to homebuyers 2005-05-03 08:58:01
Don't be bulldozed into signing an offer to purchase, even if you're very keen to buy a property.
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Light relief for owners 2005-04-12 12:10:01
Relief could be in sight this year for landlords legally lumbered with outstanding electricity and water services used by their tenants.
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City formulating policy on thorny issue of gated communities 2005-04-05 09:34:01
The property sector has heard with "great interest" that the City of Cape Town is in the process of formulating a policy regarding the closure of roads to create gated communities, says Bill Rawson, president of the Institute of Estate Agents.
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Charter to transform property industry 2005-04-05 09:35:01
The proposed property charter will bring transformation to the property industry as well as new opportunities for growth for real estate companies.
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'Put all sale agreements in writing' 2005-03-29 11:21:01
When buying a house, it is essential that an agreement of sale is signed by both buyer and seller, advises Bill Rawson, chairman of Rawson Properties and president of the Institute of Estate Agents.
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City's changes to boards by-law criticised 2005-03-29 11:23:01
A leading estate agent has commented that the proposed changes to the by-law on estate agents' boards are a knee-jerk reaction to the abuse of the existing laws by real estate practioners.
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Contracts behind times 2005-03-14 09:31:01
Several estate agencies in the Western Cape still need to bring their printed mandate and contract documents up to date, Vivien Marks, regional manager of the Institute of Estate Agents (IEA), has said.
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Act to avoid nasty CGT shocks 2005-03-14 09:29:01
The advent of capital gains tax (CGT) has the potential to generate some really nasty shocks at tax assessment time this year.
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New VAT invoice requirement 2005-01-31 09:47:01
Estate agents, property managers and developers should take note of a new requirement for VAT invoices, which comes into effect on March 1, 2005.
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Occupation and possession - what you need to know when buying a home 2005-01-24 10:13:01
Many new home buyers are confused by the difference between occupation and possession of their property - and by the provisions in a sale agreement for the payment of occupational rent.
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Surprise fees stamped on rentals 2005-01-18 10:28:01
In an unwelcome surprise for landlords, tenants and estate agents, stamp duty on leases has been doubled with effect from January 1 this year.
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How to patch up last-minute flaws and save a home sale 2005-01-10 10:11:01
A home defect that becomes apparent only after an offer to purchase has been made will come as a serious disappointment to the buyer, who may have spent months looking for his or her "ideal" home.
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